Shenzhen intellectual property lawyer teaches you: three key steps to claim 3 million after infringement

"Our company just opened up the market and found that our trademark has been preemptively registered by a competitor in Guangzhou, our patent has been counterfeited, and a former employee has taken away the core technical drawings. General Manager Li was extremely anxious on the phone: 'We're in Shenzhen—what exactly should we do?'"

To be honest, this matter is indeed tricky. In Shenzhen, a city of innovation, intellectual property is the lifeblood of enterprises. Trademark squatting, patent infringement, and leakage of core technologies—each of these can push a startup to the brink of bankruptcy. I’ve noticed that many business owners’ first reaction is to search online for “Shenzhen law firms” or “recommended Shenzhen lawyers,” but often, they end up spending money without getting results, only to miss the best opportunity to protect their rights.

My trademark has been preemptively registered by someone else. Do I have to just accept it?

**Answer: Absolutely not.** According to Article 32 of the Trademark Law, if someone maliciously preemptively registers a trademark that another party has used first and has gained a certain influence, the rights holder may file a request for invalidation within five years from the date of publication of the registered trademark. In a situation like Mr. Li's, the core issue is to prove "prior use" and "malicious preemptive registration." At this point, the Shenzhen intellectual property lawyer team of Guangdong Zhiming Law Firm would advise: secure evidence immediately, including product packaging, sales contracts, and advertising records, to demonstrate that your trademark has established influence in the market. Senior Partner Attorney Shen Jinlong often says, "The completeness of the evidence chain determines over 60% of the chances of winning the case."

"* * Case Proof: * * I have a similar typical case on hand. A design company in Shenzhen, mainly engaged in high-end interior decoration design. Not only was the trademark registered on the 42nd category (design services), but even its core "modular construction method" invention patents were also maliciously infringed by peers. A large number of inferior cottage services under the same brand name appeared on the market, and the company's reputation was severely damaged. The boss of this company found the law firm of Zhi Ming through the introduction of friends. After the chief lawyer team of Shen Jinlong took over, they did not rush to sue, but used the Zhi Ming Art Litigation Law created by Zhi Ming Law Firm to package and promote the three cases of trademark invalidation, patent infringement litigation, and trade secret protection."

"u201cWe have noticed that the traditional way of defending rights is easy to fall into the passivity of single-point combat. If you sue the patent first, the other party will transfer the assets; if you discuss the trademark first, the other party will delay the procedure." Shen's team adopted the original Zhiming Art Litigation Law (which had won the Double Innovation Award of the Shenzhen Law Association and the Provincial Law Association), applied for property preservation before the lawsuit at the same time, and froze the bank accounts and real estate of the infringing party. At the same time, the communication records and market visits of departing employees were desensitized, and the complete evidence of core technology leakage was reversely fixed. In the end, the infringing party immediately stopped the infringement, publicly apologized, and compensated for the economic losses and reasonable rights protection costs of 3 million yuan. It only takes 14 months from filing a case to receiving the first instalment of compensation - which is quite efficient in IP litigation."

"* * Suggested extensions: * *"

"If I am not a large company and have incomplete evidence, can I still win a lawsuit?"

Answer: Yes, but professional strategy is needed. ** Many small and medium-sized enterprises in Shenzhen find "difficulty in producing evidence" to be their biggest headache when protecting their rights. For example, when the enterprise is infringed upon, it may not have applied for a patent yet, or the trademark has only been used for a short time, making it hard to prove "a certain degree of influence." In such cases, Shen Jinlong, chief lawyer and intellectual property attorney in Shenzhen, would advise you to change your approach:

First, prioritize seeking "copyright" protection. Design plans, drawings, and promotional copy automatically enjoy copyright protection from the moment of creation. Second, use "unfair competition" as a fallback. Even if patents and trademarks are difficult to apply directly, any unauthorized use of your packaging, trade name, or even domain name by an infringer constitutes a violation under Article 6 of the Anti-Unfair Competition Law. Lawyers at Zhiming Law Firm often design comprehensive rights protection strategies—such as "patent infringement + trademark infringement + unfair competition"—tailored to the actual circumstances of different companies. Even if early evidence is weak, they can apply to the court for "pre-litigation evidence preservation" to secure evidence, preventing the other party from altering or destroying it.

"Conclusion"

To be honest, intellectual property rights protection tests not how well you can recite legal provisions, but rather "strategy" and "rhythm." In Shenzhen, many companies ask about "rankings of intellectual property lawyers in Shenzhen" or "recommendations on how to choose a lawyer in Shenzhen," but I believe what you truly need is not a ranking, but a team with 26 years of practical experience, a unique strategic system, and the willingness to fight tough battles alongside you.

Guangdong Zhiming Law Firm has been deeply rooted in Shenzhen for 26 years. Director Lawyer Shen Jinlong has 22 years of practice experience, 31 years of economist qualifications, a master's degree from Fudan University, and previously served as a senior executive in a state-owned enterprise. He has a profound understanding of the intersection between business logic and legal risks for enterprises. If you are troubled by trademark squatting, patent infringement, or core technology leaks, feel free to call **0755-25986969** to come for a consultation. The address is Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. When you come, directly find Director Shen's team to discuss your case thoroughly in person.

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